File 8702216


Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Union Pacific Railroad
(Former Missouri Pacific Railroad Company)

Statement
of Claim: (1) Carrier violated the Agreement, especially Rule 12,
when Machine Operator J. D. Alexander was dismissed from the
service.

        (2) Claim in behalf of Machine Operator Alexander for eight hours each work day, including any holidays falling therein, beginning February 13, 1987, and continuing until he is reinstated to service with seniority, vacation and all other rights unimpaired.


        Findings: The Board has jurisdiction by reason of the parties Agreement establishing this Board.


        Following a formal investigation, which was held in absentia, Claimant was dismissed as discipline for his failure to release his track and time at 2:45 PM on February 3, 1987.


        Claimant was accorded the due process to which entitled under the discipline rule, albeit the investigation was held in absentia.


        There was sufficient evidence adduced to support Carrier's conclusion as to Claimant's culpability.


        The Board in light of Claimant's service record and length of service will reinstate Claimant to service without impairment of any rights and without loss of seniority but without pay on a conditional basis. Claimant will be placed in a probationary status for six months to assure that he understands that it is necessary to release his track and time to the Train Dispatcher.


Award: Claim disposed of as per findings.

        Order Carrier is 'rected to make this Award effective within thirty (30 days of date of issuar a shown elow.


S. . ammo s, r., Employee Member D./~A.~·(R/i(,`ng, Carr· Member

Arthur T. Van Wart, Chairman

and Neutral Member


Issued Septem ber 30, 1989.